![]() Adhering to these common placements is recommended in order to avoid any confusion with the logo or phrase you're protecting. ![]() However, it's most commonly placed in the upper right-hand or lower right-hand corner of the mark. There's no rule about where the trademark or service mark needs to be placed next to protected material. In legal terms, this is known as the defendant having “constructive knowledge” about the mark's registration. If the mark is officially registered, then the defendant should have known about it. For example, if you ever face an enforcement action, you'll need to demonstrate that the defendant knew about your mark before the infringement happened. Though you don't legally have to use the mark symbols to enjoy common law protections, doing so may save you from some legal consequences in the future. Moreover, if you ever have to take a case to court or issue a cease and desist letter against an infringing party, having an official registration will streamline the process. This can help avoid accidental infringement. Note that when you register your mark, it will turn up whenever an individual searches through the Patent Office's database. Dissuade others from infringing on your mark.Notify the public of your claim to that mark.However, you may register your mark in order to: You aren't legally required to use the ™ or SM symbols, and you can enjoy trademark or service mark protections without officially registering them. You may also only use the federally registered mark with the goods and/or services indicated in your application. ![]() Using this mark on unregistered goods or services is considered fraud. Federal law regulates the use of the federal registration symbol. Use the ® federal registration symbol for marks officially registered with the U.S. ![]() Use the SM sign for unregistered service marks - marks that represent services.Use the ™ sign for unregistered trademarks - marks that represent goods.Note these important differences between these signs: Trademark, service mark, and registered mark signs - ™, SM, and ®, respectively - are meaningful symbols you'll need to know to protect your intellectual property. It's important to understand these symbols and when you can use them so you can avoid legal troubles down the road. This is different than the ™ and SM symbols, which award some protections but aren't registered at the federal level. The registered trademark sign - ® - lets other people and businesses know that you're using a product or service for business. ![]()
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